Terms of Use



1. INTRODUCTION

Thierry MACHICOANE (the "Author") make this website (the "Site"), including all information, documents, text, directories, data, icons, communications, files, photos, video, graphics, music, sound, software, and services available through the Site (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document and any changes to this document that the Author may publish from time to time (collectively, the "Terms of Use").

2. ACCEPTANCE OF TERMS THROUGH USE

By accessing or using this Site in any way, including, without limitation, using or downloading any Content, or merely browsing the Site, you agree to and are bound by the Terms of Use. If you do not agree to these Terms of Use please do not use this Site. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. The Author reserves the right, at his discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

3. PROPRIETARY RIGHTS

You acknowledge and agree that all Content available on this Site is protected by copyright.

4. FRANCE GOVERNING LAW

The Author developed and controls this Site in France. He makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Agreement will be governed by and construed under the laws of France. You hereby submit to the exclusive jurisdiction of the courts within France with respect to the terms of this Agreement, or any legal action or proceeding between the Author and you arising out of your access and use of this Site, and you waive any right to bring a change of jurisdictional venue or inconvenient forum motion to such courts.

5. USE OF THIS WEBSITE

This Site and its Content are provided for your personal informational and entertainment use only and may only be used for lawful purposes.
By using this Site, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein.
You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast or otherwise make available the Content, including without limitation directory listings available on and through this Site (collectively, the "Directory"), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by the Author.
Any portion of the Directory which is downloaded or otherwise reproduced from this website may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written permission from the Author is prohibited and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
You may not post on or transmit through any community, upload or download areas of the Site any Content that:
You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any Content you upload, post or submit. You also may not undertake any conduct that, in the judgment of the Author, restricts or inhibits any other user from using or enjoying the Site, including without limitation, the community areas.
You may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk e-mail or instant messages.
Some of the features of this Site, such as forums, require registration. You agree to provide only accurate, complete and updated registration information, and you agree to keep such information current. You may not select and use a user name that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity, or that the Author considers to be offensive. The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/license.

6. MONITORING

The Author has the right, but not the obligation, to monitor the Content of the Site, including without limitation the community, upload and download areas, to determine compliance with the Terms of Use and any other operating rules that may be established by the Author from time to time. The Author has the right in his sole discretion to edit, refuse to post or remove any Content submitted to or posted on the Site. Without limiting the foregoing, the Author has the right, but not the obligation, to remove any Content that it, in his sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that the Author shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.

7. THIRD PARTY SITES, SOFTWARE, AND CONTENT

This site may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive or otherwise objectionable. These other locations are not under the Author's control, and you acknowledge that the Author is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of or broadcasts from such locations. The Author does not pre-screen the channel listings or related content available through the Directory, and he makes no representations or warranties regarding such channel listings and content. The inclusion of such a link does not imply endorsement of the site or broadcast by the Author or any association with its operators. You should direct any concerns to such external site's administrator or webmaster. This Site also may make third party software or other materials available for download. The Author does not create, endorse, or sponsor such third party materials, and if you download any such third-party materials that the Author indexes or supports, you do so completely at your own risk. If you plan to download any software or other materials, please be sure to read the copyright and licensing information first.

8. USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this Site, you: grant the Author the worldwide, royalty-free, perpetual, and non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by the Author will not infringe or violate the rights of any third party.

9. DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AUTHOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE AUTHOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE AUTHOR BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

11. TERMINATION

The Author reserves the right, in his sole discretion, to terminate your access to all or part of this Site, with or without notice.